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Reasons
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(영문) 대전고등법원(청주) 2016.11.29 2015나11886
배당이의
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1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

3. Appeal.

Reasons

1. With respect to the plaintiff's main claim cited in the judgment of the court of first instance, the reason why this court should explain is that it is unreasonable to regard the plaintiff's main claim of the court of first instance as "influence" under Section 4, Section 17 of the judgment of the court of first instance, and the "defluence" under Section 7, Section 14 as "unpaid amount", and the plaintiff's main claim in the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance, and thus, it is cited under the main sentence of Article 420 of the Civil Procedure Act, except

2. Additional determination

A. Defendant C and D received reimbursement of KRW 1,723,01,039,331 on May 11, 201, and KRW 372,359,30 on or around December 2012, and KRW 372,30 on or around December 23, 2015, ④ KRW 10,838,025 on or around January 9, 2015 (hereinafter referred to as “the instant amount of reimbursement, etc.”) in the order of ① KRW 1,723,013,98 (hereinafter referred to as “the instant amount of reimbursement, etc.”) in total, KRW 1,723,013,98 (hereinafter referred to as “the instant amount of reimbursement”).

Therefore, the part of the distribution schedule for Defendant C and D, which was already paid out of the amount of KRW 2,178,652,652,677, is unfair. As such, the dividend amount of KRW 2,178,652,677 against Defendant C and D, shall be 45,638,689 won (2,178,652,677 - 1,723,013,988 won), and the dividend amount for the Plaintiff shall be corrected from KRW 0 to KRW 1,723,013,988.

B. Determination 1) In a lawsuit of demurrer against distribution in the issues and order of determination on this part, the Plaintiff may assert the grounds for objection as the grounds for objection after the date of distribution, and thus, even in a case where the creditor’s amount of claims out of a lawsuit of demurrer against distribution had been partially extinguished due to repayment, etc., and the remaining amount of claims falls short of the dividend amount, the Plaintiff may assert as the grounds for objection (see, e.g., Supreme Court Decision 2007Da27427, Aug. 23, 2007). The Plaintiff paid a total of KRW 1,723,013,988 among the claims secured by the right to collateral security of this case prior to and after the date of distribution

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